Kingsbury v. Burrill
Massachusetts Supreme Judicial Court
Bill in equity, filed May 24, 1886, by the administrator of the estate of Luther Crane, to reach and apply, in payment of a debt due to Crane from Charles Burrill, the first named defendant, a part of a fund voted to be paid by the defendant city of Boston to Burrill upon a claim of his against the city, one eighth of which claim Burrill had assigned to Crane.
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Bill in equity, filed May 24, 1886, by the administrator of the estate of Luther Crane, to reach and apply, in payment of a debt due to Crane from Charles Burrill, the first named defendant, a part of a fund voted to be paid by the defendant city of Boston to Burrill upon a claim of his against the city, one eighth of which claim Burrill had assigned to Crane. The city of Boston, in its answer, alleged that “ it is ready and anxious to pay over said money to the person or persons entitled to receive the same, and submits itself to the order of the court in that respect.” At the hearing,…
1Opinion of the CourtC. Allen, J.
The defence in this case is made by Burrill alone, and it rests substantially on three grounds : 1. That the plaintiff has no claim which he can enforce against the city. 2. That the assignment or agreement of Burrill was limited by its terms to such claim as Burrill might legally enforce against the city. 8. That such an expectation as Burrill had in 1867 of obtaining money from the city was not assignable, even if he used words sufficient to cover it, because what he then had was merely the expectation or hope of a gratuity from the city.
1. The city makes no objection to the plaintiff’s…
2Cases cited4 opinions
- Blanchard v. CookeMassachusetts Supreme Judicial Court · 1887
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Folsom v. CornellMassachusetts Supreme Judicial Court · 1889
- Heard v. SturgisMassachusetts Supreme Judicial Court · 1888
3Cited by7 opinions
- Jernegan v. OsbornMassachusetts Supreme Judicial Court · 1892
- Andrews Electric, Inc. v. St. Alphonse Catholic Total Abstinence SocietyMassachusetts Supreme Judicial Court · 1919
- Jennings v. WhitneyMassachusetts Supreme Judicial Court · 1916
- Palmer v. PalmerSupreme Judicial Court of Maine · 1914
- Codman v. BrooksMassachusetts Supreme Judicial Court · 1893
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